Nontraditional and Traditional Litigation Paper

709 WordsApr 21, 20143 Pages
Nontraditional and Traditional Litigation Paper Shawanda Lamons Law/531 – Business Law April 17, 2013 Bradley Romig Nontraditional and Traditional Litigation According to Cheeseman, “the litigation process is the bringing, maintaining and defense of a lawsuit. Litigation is a difficult, time-consuming, and costly process that must comply with complex procedural rules”. Nontraditional litigation is called alternative dispute resolution (ADR). ADR uses methods other than litigation to resolve disagreements. This paper will compare and contrast the traditional and nontraditional litigation procedures. Litigation Litigation occurs when someone sues someone else for damages, money, etc. If a dispute cannot be settled out of court then the plaintiff will file a complaint with the court then a copy of the complaint is sent to the defendant. Both parties can choose to have representation or they can represent themselves. Pretrial litigation can be divided into four phrases: pleadings, discovery, dismissals and pretrial judgments and settlement conference. Pleadings are the paperwork filed by the plaintiff to the courts. There are four major pleadings: complaint, answer, cross-complaint and the reply. During the discovery phrase both parties have the opportunity to exchange the evidence in the case, such as, eyewitnesses or any other pertinent information. Some forms of discovery include: dispositions, interrogatories or physical exams. During the dismissal and pretrial judgments phrase the parties can choose to make a motion to dismiss the lawsuit before it goes to trial. There are two pretrial motions: motion for judgment on the pleadings and motion for summary judgment. Motion for judgment can be made by either party when the pleadings are finished. “A motion for summary judgment asserts that there are no factual disputes to be decided by the jury
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